Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010033102018
Presented On :-08.03.2018
Registered On :-19.03.2018
Delivered On :- 03.02.2021
Duration :-Y-02/M-010/D-27
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.365 OF 2018
Exhibit-14
Mr. Ashok Saibu Gadge
of Mumbai an adult Indian
inhabitant aged 36 years,
occupation carrying on money lending
business in his name at Room No.2,
National Chawl, Gaurishankar Nagar,
Masrani Lane, Kurla West Mumbai-400070 ….Plaintiff
V/s
Mrs. Rosamma Joseph
of Badlapur east an adult, Indian
Inhabitant, age not known, occupation Service,
her office address at
The Mahanagar Telephone Nigam Limited
Chembur Telephone Exchange,
Employee No. M031230, Department No.GM (East-1)
Designation TM (OTBP) Rep. Unit.020105403
SDEOCBCHM near to Chembur Naka
Chembur Mumbai-400078
also having her residence address
Jalwanti Apartment, Building No.203,
Aapte Wadi, Shirgaon-Kulgaon,
Badlapur East, Mumbai-421 503 ....Defendant.
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2 Sum. Suit No.365/2018
SUIT FOR RECOVERY OF Rs.10,92,500/-
Appearance:-
Adv. Mr. Balbheem Patil for the Plaintiff.
Exparte against Defendant
CORAM :- HER HONOUR JUDGE
SMT S. G. SHAIKH
JUDGE,CITY CIVIL COURT,GR. MUMBAI
(C.R.NO.59)
DATE :- 03/02/2021
J U D G M E N T
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
2. The facts of the suit are summarized as under :-
The plaintiff is carrying on business of money lending in
Mumbai. The defendant executed in favour of plaintiff a promissory
note of Rs.9,50,000/- dated 20.04.2017 against the loan of
Rs.9,50,000/- received by the defendant from the plaintiff on the above
said date by the said promissory note. By the said Promissory Note the
defendant promised to pay to the plaintiff the said sum of Rs.9,50,000/-
alongwith interest thereon @ 18% per annum on demand. But, the
defendant failed to pay to the plaintiff in-spite of demands and
reminders. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.10,92,500/-.
3. The suit summons were duly served on the defendant but
she failed to appear. Hence, suit is posted for judgment as per order
XXXVII Rule 2 (3) of Code of Civil Procedure 1908.
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4. The following points arise for my determination and my
findings there on are as under for the reasons stated there under :-
POINTS FINDINGS
1 What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.10,92,500/- with
interest on the
principal amount of
Rs.9,50,000/-
@ 18 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
9 Promissory Note 20.04.2017
10 Form No.10 20.04.2017
11 Copy of demand notice 20.02.2018
12 Money Lending License 16.08.2017
13 Cash book 20.04.2017
14 Ledger Book 20.04.2017
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibit-9
and 14 goes to establish that plaintiff has given amount of
Rs.9,50,000/- to the defendant as loan. The documents further prove
that the amount of Rs.10,92,500/- is due and payable to the plaintiff
from defendant towards the loan amount. The defendant has failed to
repay the said loan amount to the plaintiff. The documents at list
Exhibits 9 to 14 goes to establish that the defendant is liable to pay
Rs.10,92,500/- to the plaintiff on the date of filing of the suit towards
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4 Sum. Suit No.365/2018
the said loan amount and therefore the defendant has failed to repay
his loan amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.10,92,500/- from the
defendant.
7. The plaintiff has claimed 18% per annum on the principle
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceeds 6% per annum, if the transaction is commercial
and there is no contract pertaining to the same between the parties. In
the present case the transaction is commercial one and there is such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a simple handloan
transaction and rate of interest @ 18% per annum would be just and
proper to be awarded on the principle sum adjudged i.e. amount of
Rs.10,92,500/-. Hence, point No.1 is answered in the affirmative.
AS TO POINT NO.2:-
8. In view of discussion and finding on point No.1 it is held
that plaintiff is entitled to recover Rs.10,92,500/- from the defendant
with interest at the rate of 18% per annum from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from defendant. Hence, in answered to point No.2, I proceed to pass
the following order.
O R D E R
1. The defendant shall pay Rs.10,92,500/-(Rupees Ten
Lakhs Ninety Two Thousand Five Hundred Only) to the
plaintiff with interest on principal amount of Rs.9,50,000/-
at the rate of 18% per annum from the date of filing of the
suit till its realization.
2. Defendant do pay costs of the suit to the plaintiff.
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3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date:03/02/2021 ( S. G. Shaikh)
Judge,City Civil Court,
Gr. Bombay
Dictated on :03/02/2021
Typed on :03/02/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.02.2021 04.30.p.m. ( M.P Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
03.02.2021
JUDGMENT/ORDER signed by
P.O.on
03.02.2021
JUDGMENT/ORDER uploaded on 03.02.2021
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